Family Choice and Universal Coverage Health Insurance Reform Act of 1992

Family Choice and Universal Coverage Health Insurance Reform Act of 1992 - Title I: New Tax Credit for Health Expenses - Amends the Internal Revenue Code to provide a limited tax credit for coverage of the taxpayer, spouse, and dependents under a qualified health plan. Adjusts such amount for inflation. Phases out the exclusion from gross income for employer-provided health coverage. Makes such exclusion applicable only to individuals covered before the date of enactment of this Act. Terminates the medical expense deduction, the deduction for health insurance costs of the self-employed, and the health insurance earned income credit.

Title II: Standards for Qualified Health Plans - Subtitle A: General Standards Relating to Benefits and Cost-Sharing, Underwriting, and Premiums for Federally-Qualified Health Plans - Specifies the required coverages of federally-qualified health plans for inpatient and outpatient hospital services, physicians' services, prenatal and well-baby and well-child care, diagnostic tests, inpatient prescription drugs, and emergency services. Allows such plans to impose cost-sharing for covered services with limitations.

Prohibits the issuer of such plans from canceling or refusing to renew a policy except in the case of willful fraud, failure to pay premiums, or nonavailability.

Prohibits premiums on plan renewals from taking into account claims experience or changes in health status.

Subtitle B: Requirements for Current Employer Health Benefit Plans - Sets forth requirements with respect to conversion offers.

Title III: Requirements on Employers - Sets forth requirements for employers with respect to withholding and remitting premiums and employee notification of contribution amounts.

Requires the addition to employee wages of employer health plan contributions.

Title IV: Requirements for States; Preemption of Certain State Laws; Changes in Medicaid and Medicare Programs - Requires each State, as a condition of receiving Federal funds for health care programs, to: (1) establish a health insurance program; (2) enroll each uninsured individual residing in the State; and (3) establish an office of State government to carryout such program. Sets forth requirements and administrative responsibilities of such program.

Preempts State laws regarding: (1) mandated insurance benefits; (2) anti-managed care plans; and (3) certificate of need.

Waives Medicaid requirements for States with an alternative health care coverage plan. Sets forth requirements for such plans.

Amends the Social Security Act to eliminate Federal Medicaid payments to States for uncompensated care. Repeals the Medicare disproportionate share of hospital payment provisions.

Title V: Medical Malpractice Reform - Subtitle A: Grants to States for Alternative Dispute Resolution Systems - Directs the Secretary of Health and Human Services to make grants to States for the implementation and evaluation of alternative dispute resolution (ADR) systems. Sets forth eligibility requirements for States seeking such grants. Directs the Secretary to award not less than ten such grants each fiscal year, with exceptions.

Requires the Secretary to: (1) designate each State receiving such a grant as a model ADR State (making such State eligible for a two-year extension); and (2) disseminate information on the ADR systems implemented by such States to other States, health care professionals and providers, and other interested parties.

Directs the Secretary to: (1) develop and promulgate standards and regulations necessary to carry out the grant program, including qualification standards that States must meet to receive grants and regulations establishing State data gathering requirements; (2) take into account, in developing qualfication standards, specified factors such as the effectiveness of such systems in supporting access to health care, encouraging improvements in the quality of care, resolving claims promptly, and providing predictable outcomes; (3) provide States with technical assistance; and (4) report to the Congress, within four years of the first grant, describing and evaluating the ADR systems implemented.

Subtitle B: Uniform Standards for Malpractice Claims - Specifies that, with respect to any health care liability action brought in a Federal or State court and any medical malpractice claim or medical product liability claim subject to an ADR system: (1) no person may be required to pay more than $100,000 in a single payment in damages (whether for economic or non-economic losses) for expenses to be incurred in the future, but shall be permitted to make periodic payments (as determined by the court); (2) the total amount of damages that may be awarded to an individual for non-economic losses may not exceed $250,000; (3) the total amount of damages received by an individual shall be reduced by any other payment that has been or will be made to the individual to compensate such individual for the injury that was the subject of the action or claim; (4) a claimant's attorney's fees may not exceed 25 percent of the first $150,000 of any award or settlement, or 15 percent of any additional amounts, paid to the claimant; (5) the total amount of punitive damages that may be assessed may not exceed twice the total amount of the damages awarded to compensate the claimant for losses resulting from the injury; and (6) the liability of each defendant for non-economic losses shall be several only and not joint, and each defendant shall be liable only for the amount of non-economic losses allocated to the defendant in direct proportion to the defendant's percentage of responsibility.

Establishes a two-year statute of limitations for medical malpractice and product liability claims, beginning on the earlier of the date on which the injury that is the subject of the action was discovered or the date it should reasonably have been discovered.

Specifies that, in the case of a medical malpractice or product liability claim relating to services provided during labor or the delivery of a baby, if the claimant was not previously treated for the pregnancy by the defendant health care professional or provider a court may not find that the defendant committed malpractice and assess damages against the defendant unless the malpractice is proven by clear and convincing evidence.

Bars a defendant from being found to have committed malpractice unless the defendant's conduct at the time of providing the health care services was not reasonable, except where the claimant asserts that the defendant is liable under a strict liability theory.

Bars the award of punitive damages with respect to any medical product liability claim alleged against a medical product producer if the drug or device that is the subject of the claim: (1) was subject to approval or premarket approval under the Federal Food, Drug, and Cosmetic Act by the Food and Drug Administration (FDA) with respect to the safety or performance of the drug or device or the adequacy of the packaging or labeling; (2) was approved by FDA; or (3) is generally recognized as safe and effective pursuant to conditions established by FDA and applicable regulations. Makes an exception in the case of withheld information, misrepresentation, or illegal payment to an FDA official for purposes of securing approval of the drug or device.

Provides for a separate proceeding to determine punitive damages. Sets forth provisions with respect to: (1) the admissibility of evidence; and (2) criteria for determining the amount of punitive damages.

Provides that the U.S. district courts shall not have jurisdiction over health care liability actions based on Federal questions or based on specified provisions concerning commerce and antitrust regulations.

Specifies that this title preempts State law only to the extent that State law: (1) permits the recovery by a claimant or the assessment against a defendant of a greater amount of damages; (2) permits the awarding of a greater amount of attorneys' fees; (3) establishes a longer period during which medical malpractice or product liability claims may be initiated; or (4) establishes a less strict standard of proof for determining whether a defendant has committed malpractice.